ALLSTATE INSURANCE COMPANY v. JOHNSON

No. 85-396.

483 So.2d 524 (1986)

ALLSTATE INSURANCE COMPANY, Appellant, v. James A. JOHNSON, As Personal Representative of the Estate of Gloria Vaughn, Deceased, et al., Appellees.

District Court of Appeal of Florida, Fifth District.

February 20, 1986.


Attorney(s) appearing for the Case

Richard S. Womble of Anderson & Hurt, P.A., Orlando, for appellant.

Phyllis P. Riewe, Merritt Island, for appellee Johnson.

James L. Woodman of Smalbein, Eubank, Johnson, Rosier & Bussey, P.A., Rockledge, for appellee Anderson.


COWART, Judge.

An insurer, Allstate, appeals an order denying its motion to intervene in a wrongful death action in which the estate of the decedent alleges that Allstate's insured negligently shot and killed the decedent.

The insurer's petition for intervention in effect seeks to have an adjudication that (1) the insured was late in filing a notice of claim, (2) the insurer was substantially prejudiced by the late notice of claim, (3) the insured's action...

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